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MALEK v. BLUE CROSS OF CALIFORNIA

No. B168146.

16 Cal.Rptr.3d 687 (2004)

121 Cal.App.4th 44

Suzanne MALEK et al., Plaintiffs and Appellants, v. BLUE CROSS OF CALIFORNIA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

July 29, 2004.

Attorney(s) appearing for the Case

Law Office of Mark F. Didak and Mark F. Didak, Los Angeles, for Plaintiffs and Appellants Suzanne and Michael Malek.

Stephan, Oringher, Richman & Theodora, Gordon E. Bosserman, Los Angeles, Robert M. Dato, Costa Mesa and Terrence M. King, Los Angeles, for Defendant and Appellant Blue Cross of California.

CROSKEY, J.

In this appeal, we must determine the consequences of failing to comply with the arbitration disclosure requirements of Health & Safety Code section 1363.1.1 That statute requires health care service plans to disclose in clear and understandable language, appearing "as a separate article" and "prominently displayed on the enrollment form" "immediately before the signature line" that the plan requires binding arbitration...

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